Microsoft had to pay Euro 1.5B in penalties and still eventually toed the line.

@mlefu et al siding with Safaricom (and please excuse me for not reading through the many posts) but CCK is right. I suspect some (investors in SCOM sahres) are coming from the point of view that the operator will be hard hit thus affecting their investments.

However, CCK (and the smaller operators) have a valid point. Its no more different than the anti-trust suits leveled against against Microsoft in some countries.

1 - Safaricom owing to disproportionate interconnection tariffs, knowing that it holds 80% market share, LOCKS in its subscribers. lets forget about the issue of wanting to retain your same number - look beyond that. Look at your address book - nine out of 10 numbers are Safaricom numbers - so you chose to stay because should you move - it will cost more to call nine out of 10 Safaricom numbers.

2 - Cross subsidies - given that it has 80% of the voice market, it can use that as an advantage to offer extremely low data rates, making it uncompetitive (and sometimes financial impossible) for other operators to offer even the same prices.

3 - This part is not really covered in this new piece of legislation but has to do with consumer protection (and the reason we need mobile number portability) - quality of service vis a vis prices charged. SCOM has raked in millions by offering mediocre service - no more different than the lucrative matatu sector that makes billions yet thrives most of the time outside the confines of exiting laws (including the constitution when it comes to your rights as a consumer, a human being, etc).

I'd like to ask the SCOM users a few questions

1 - Does Super Ongea really work? Whats the lowest rate you have enjoyed during your normal usage hours (I do not mean at 3am on Monday)
2 - For prepaid - can you dial 100 and get though? SCOM said they had opened up a state of the art call centre - did they really?
3 - Quality of service (and this has to do both with Super Ongea Tariff and cross subsidies) - the see-saw tariff is meant to let users enjoy a lower tariff when the network is not so congested - as it were, your answer to #1 itself should tell you the network is constantly congested therefore, quality of service remains low.

My two zloties

And they are still making good profits and have maintained market dominance. I dont think you should have a free market where monitoring of anti-competitive business practices is absent.

safaricom is the largest listed company, they make profits because they offer services that are appreciated by 17+ million kenyans, a scenario where the small "loss making "operators force the rules and are effected, safcom profits drops ..the name might be a junk stock..let me add..a junk stock that can "junk" the entire NSE..

checking call rates in other countries and surely none operates as unprofessional as our small players.

@Manja: I am a SCOM shareholder. Wouldn't accept Zain/Orange/Yu shares even if they were offered free of charge [who wants worthless entries in the CDCS statement?]

However, I use Zain voice, Orange internet and SCOM money transfer. I find SCOM voice and data too expensive. I gave a dormant Yu connection - cheap but limited coverage [ama wame-improve?]

BTW: I DO NOT support the new rules.